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On Amendments To The Federal Law "on Mortgage Backed Securities"

Original Language Title: О внесении изменений в Федеральный закон "Об ипотечных ценных бумагах"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Federal Law "On Mortgage Securities" Adopted by State Duma on July 5, 2006 Approved On 14 July 2006, the Federation Council . N 281-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4448; 2005, N 1, est. (19) The following changes: 1) Article 2, paragraph 3, after the word "provided" with the words "in whole or in part"; 2) in article 3: (a) in Part 1 of the word "and the interest" shall be replaced by the words " and (or) payment of interest "; b) in Part 2: Paragraph 4 is added with the words" on the return of the principal debt "; paragraph 5 to declare invalid; in) Part 4 add the following paragraph: " has been missing for more than six months (a) Article 4 of the Convention on the Rights of the Sea Deletion of claims and other property from mortgage coverage 1. Exclusion of secured mortgage claims from the mortgage is allowed for their replacement or sale, as well as for termination of the corresponding obligation. The replacement or sale of claims that make up a mortgage is permitted in the cases provided for by this Federal Law. 2. Exclusion from the mortgage property, other than cash, is allowed for the replacement or sale of property. 3. An exception to the composition of the mortgage settlement is allowed in connection with the performance of mortgage-backed securities, acquisition of secured mortgage claims or other property which, in accordance with this Federal Act, The law may be included in the mortgage as well as in other cases provided for by this Federal Law. 4. The exclusion of claims and other property from the mortgage is allowed provided that the requirements of the mortgage provided by this Federal Law are met. "; 4) paragraph 3 of article 5, paragraph 3, shall be stated as follows: edition: " title and sufficient to identify the description of the mortgage component, and (or) property where the mortgage is established to secure the performance of the obligation upon which the mortgage is fulfilled Coating. Where such property is a dwelling, the accommodation of the dwelling (house, apartment); "; 5) in article 11, paragraph 2: (a) In the second paragraph of the second sentence delete, the third sentence should read as follows: " In this case, the performance of bonds with a mortgage on each queue is permitted only after due performance "; { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Bond { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } also applies in cases of cash received from sale Mortgage and early repayment of bonds, unless otherwise provided for by a decision to issue bonds with a mortgage. "; 6), article 12, should be supplemented with Part 3 reading: " 3. The issue of the issue of bonds with a mortgage should be determined the maturity (partial repayment) of the bonds and the value (the order of valuation) paid by each bond (partial repayment) "; 7) in article 13: (a) (Spated by Federal Law of December 29, 2012). N 281-FZ b) of Part 2 and 3, amend to read: " 2. Mortgage coverage of bonds, as well as the terms and conditions of obligations for which the mortgage is made, must ensure that the obligations on the mortgage bond are properly fulfilled. In order to ensure proper performance of the mortgage bond liabilities, their total outstanding nominal value should be at least as long as they are issued. The decision to issue mortgage bonds may provide for the enforcement of obligations on such bonds at a higher level. In this case, the size of the mortgage on these bonds should be no less than the amount determined by the decision to issue the mortgage bond. In the case of single-mortgage bond issues, two or more releases, for which there are different priorities for performance of the obligations, the sufficiency of the mortgage for the performance of the bond obligations is defined separately for each queue. At the same time, the size of the mortgage is considered sufficient to ensure proper performance of the bond obligations if the mortgage is equal to the sum of the outstanding par value of the bonds of that queue, and The notional nominal value of the prior-queue bonds or the value of the bond is equal to or greater than the mortgage rate determined by the decision to issue the mortgage bond, or exceeds it in the case of a decision on the issue Mortgage bonds Obligations for such bonds are larger. 3. At the time of submission of documents for state registration of the issue of bonds with a mortgage, the amount (sum) of the secured mortgage claims for the repayment of the principal amount of debt that make up the mortgage of such bonds should not be less than their total nominal value. The mortgage size of the bonds issued by the credit institution may exceed the bond liabilities by not more than 20 percent. "; in) parts 4 and 5, reading: " 4. Cash received in the performance of mortgage-backed securities, the requirements for which the mortgage bond is made, are to be included in the mortgage bond to meet the requirements of the mortgage The amount of the mortgage provided by this Federal Law and the regulatory legal acts of the Federal Executive in the securities market, if the larger size is not provided for by the decision to issue such bonds. 5. The decision to issue bonds with a mortgage may include the possibility of certain expenses of the issuer (remuneration of a specialized depositary, registrar maintaining a register of bearer bonds) Mortgage and other expenses) for the mortgage of such bonds. In this case, the issue of the issue of the mortgage bond should contain an exhaustive list of such costs and an indication of the limit on the amount of the funds to be used to cover the costs of the property, which is the property of the mortgage Bonds. The payment of such expenses is permitted only if the issuer of the mortgage claims is observed by the issuer of the mortgage requirements set by this Federal Law. "; 8) in article 14: (a) The name after the word "requirements" should be supplemented with the words "and (or) other property"; (b), Part 1, after the words "and in addition, in the case of" with the words " the non-conformity of such requirements with the condition of incorporation in the composition of the mortgage, under paragraph 4 of article 3 of this Federal Law, or "; in) add the following content: " 3. The replacement of claims and (or) other items constituting the mortgage bond may be effected by the sale or other refinancing of the bond to third parties, with the mandatory inclusion in the mortgage bond of the bonds of the property, as a result of this alienation. "; 9), to supplement article 15 with Part 3 reading: " 3. In the case of bonds with a single mortgage covering two or more releases, for which there is a different order of performance of the obligations, the requirements of the owners of the bonds with the mortgage for each of the applications for the recovery of the Mortgage coverage of such bonds is to be satisfied in the order of the issuance of these bonds. "; 10) in article 16: (a) in Part 1 of the word" liabilities " Mortgage bonds exceed the size of the mortgage bond Replace the words "the requirements of the mortgage bond requirements set out in article 13 of this Federal Act" with the words "ensuring the completeness and timeliness of performance of the obligations". Performance of the obligations "; b) is supplemented by Part 3, reading: " 3. In the case of bonds with a single mortgage covering two or more releases, for which different order of performance of obligations is established, the requirements of the owners of bonds with the mortgage payment of each queuing of early repayment of such bonds The bonds are to be met in the order of priority established by the decision to issue these bonds. "; 11), article 21, paragraph 2, should read: " 2. The sale of the mortgage requirements of the mortgage certificates of participation is permitted in the cases specified in article 14, paragraph 1, of this Federal Act, if the sale of claims is stipulated in the rules of trust management "Mortgage coatings."; 12) paragraph 2 of article 27, to recognize void; 13) paragraph 6 of article 35, paragraph 6, to recognize void; 14) Part 3 of Article 38 should read as follows: " 3. Any information provided for the distribution or publication of mortgage securities and their mortgage shall not contain false, incomplete and (or) misleading information. "; 15) in article 39: (a) Part 1 should read: " 1. The mortgage issuer is obliged to provide all interested persons, upon request, with the opportunity to consult the information contained in the mortgage register and obtain copies of the register or extracts from it. "; b) in Part 2: Paragraph 4 is no more effective; to add the following paragraph: " The Mortgage Fund Manager is obliged to ensure that all stakeholders are given the opportunity to do so review of the information contained in the mortgage register, and also obtain copies of the registry or excerpts from it. "; in) to add the following content to Part 3: " 3. The fees charged by the issuer of a mortgage bond or a mortgage manager for making copies of the documents provided for in this article may not exceed the cost of making them. "; 16) in the third paragraph. Replace article 43, paragraph 1, of the words "and mortgage administration" with the words "administering the mortgage and the specialized mortgage depositaries". Article 2 Paragraph 11 of the Federal Law of December 29, 2004 N 193-FZ "On amendments to the Federal Law" Mortgage securities " (Legislative Assembly of the Russian Federation, 2005, N 1, sect. (19) be declared invalid. President of the Russian Federation Vladimir Putin Moscow, Kremlin 27 July 2006 N 141-FZ